Constitution of the Kingdom of Zealandia
The Constitution of The Kingdom of Zealandia: The Constitution of the Kingdom of Zealandia was adopted on 28th of February 2010 This is the Current Version (adopted November 8, 2010) The text of the Constitution follows: Chapter one A Declaration of independence from the realm of New Zealand/Aotearoa; The Kingdom of Zealandia hereby breaks away from New Zealand/Aotearoa to be a nation by its self and ruled by its self. The Kingdom of Zealandia is surrounded by New Zealand/Aotearoa and wishes to foster relations with New Zealand/Aotearoa. The Kingdom of Zealandia also wishes to become allies with New Zealand/Aotearoa. Article 1 of the 1933 Montevideo Convention on Rights and Duties of States defines a state as possessing a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. The Kingdom of Zealandia has a sovereign government exercising effective jurisdiction over well-defined territories with permanent residents, and we are able to enter into diplomatic relations with other sovereign states. Article 3 of the same Montevideo Convention specifically says that "the political existence of the State is independent of recognition by other States." We are a sovereign state and as such we are entitled to normal international standing and participation according to international law. In accordance with the purposes and principles of the Charter of the United Nations, article 1 of the International Covenant on Civil and Political Rights recognizes that all peoples have the right of self-determination. The right of self-determination is of particular importance because its realization is an essential condition for the effective guarantee and observance of individual human rights and for the promotion and strengthening of those rights. Article 1 further states that all peoples may freely "determine their political status and freely pursue their economic, social and cultural development". With this in mind, then, the Kingdom of Zealandia hereby claims its right to sovereignty. Chapter two Clause setting out where the kingdom exists: The Kingdom may exist wherever the reigning Monarch decrees so. The decision may be challenged by the kingdom’s parliament as a whole and heard before the Supreme court in full siting. Chapter three A clause pursuant to the structure of the justice system. The Structure of the court system is here by set out in hierarchical form the highest court in the land to the lowest court in all the lands: The Supreme court in full siting The Supreme court in normal sitting The High Court The Coroner’s Court The Local Court in each province There are to be no more courts convened other than the above mentioned. The Supreme court in full siting Consists of The Monarch, The First Minister and the Lord Supreme Justice. The High court is made up of judges appointed by the monarch. All other courts are made up of judges appointed by the first minister. The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over: disputes between state entities concerning their respective rights and duties under there relevant Legislation; challenges of a national entity, a Court in the course of its determination, or a third of the Members of Parliament against the constitutionality of a law; cases on appeal from High Court as the Supreme Court deems necessary to review; all other cases assigned to its jurisdiction by law. The office of Supreme Court Justices does not exceed a period of 10 years except for the Lord Supreme Justice who holds office during the monarch’s Pleasure Chapter four A clause setting out the structure of the parliament of the Kingdom of Zealandia. The Parliament shall consist of two houses: The House Of Commons and The Senate. The House of Commons Shall; be the house in which bills of parliament originate, the bill once passed through the House of Commons, shall be put before the Senate once it has passed through the Senate it is passed on to the Executive Council of Zealandia signs the bill, then the bill is presented to the monarch for royal assent and it becomes an act of parliament. The Senate must not delay any vote on monetary or supply matters by more than two consecutive sittings. If the senate rejects a bill more than four consecutive sitting that bill on the advice of the Speaker of The House of Commons shall be submitted to the people via a referendum if the bill then passes the referendum with a simple majority then it may be submitted before the monarch for royal assent. Each House of parliament shall have its own speaker, the house of commons has a speaker, and the Senate shall a Chairman. Each house shall have its own debating chamber. The Monarch may order the Parliament into a joint sitting at any time. The Joint sitting shall be called the National Parliament of The Kingdom of Zealandia Fully Assembled. The National Parliament of The Kingdom of Zealandia Fully Assembled shall maintain its own plenary chamber and The National Parliament of The Kingdom of Zealandia Fully Assembled shall have the monarch as its president. All Bills before The National Parliament of The Kingdom of Zealandia Fully Assembled shall having passed by a majority shall be submitted to the Monarch for royal assent. The Monarch may enter every house, speak in all the house and vote in all the houses of parliament. The Parliament shall operate according to the Westminster System, based on the British parliament. The legislative power is vested in the Parliament unless legislated elsewhere. Their office ends after a five-year term or when they lose their electoral rights or when the parliament is dissolved, everyone eligible to vote has recourse to the Supreme Court for scrutiny of the elections. The national parliament draws up its own rules of procedures Based on the Westminster system, elects a parliamentary Speaker and elects a Deputy Speaker in the respective houses. Decisions of the Parliament require a majority of the votes cast (simple majority in all houses) unless any law enacted provides otherwise. The Monarch has the right to dissolve parliament at any time and call an election wether this is with the advice of the first minister or not. Members of Parliament are bound by their conscience. Members of Parliament must not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the Parliament. Members of Parliament may not be arrested for opposing the crown whilst being on the opposition. The Bill of supply and The Budget are introduced in the parliament by the Monarch. All Citizens considered old enough have the equal right to vote and to be elected. There is compulsory voting. Anyone who has attained the age of fourteen years is considered old enough to vote Everyone has the right to address written petitions to the competent agencies, to governments, and to parliaments. The Parliament shall meet wherever the monarch decides, this can include the internet. The Parliament may not vote to become a republic. The monarch is responsible for all elections within the Kingdom of Zealandia. Chapter Five A clause setting out a citizens Rights The State acknowledges liberty and equality of all humans. Human dignity must be respected in any case.. Slavery is abolished. Fundamental rights apply to natural persons, domestic and foreign, who are assigned these rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits. Fundamental rights are inviolable and inalienable. Everyone has the right to remain free. All citizens are free to reside anywhere in, move throughout, enter, and leave the Territory. Capital and corporal punishment are abolished. Torture is prohibited. Everyone has the right to acquire, own, possess, exclusively use, and convey private property. Property may not be taken without due course Everyone has the right to information from publicly available sources. Everyone has the right to peacefully assemble. Everyone has the right to associate with others. This includes association in political parties. Every adult has the right to marry one partner regardless of the sexual orientation of both adults All citizens have the right to freely choose their occupation, their place of work, and their place of study or training. Everyone has the right to research and conduct science so long as it is humane. Everyone has the right to perform arts. Everyone has the right to teach. Citizens can at any time give up their citizenship. Citizens may at no time be forced to give up their citizenship. All humans are equal before the law. No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, origin, parentage, creed, faith, or nobility. Everyone persecuted on political grounds has the right to asylum Everyone has the right to trial by jury. No citizen may be extradited to any country. Every Citizen is entitled to there rights afforded to them by the United Nations. Every Citizen is afforded there rights legislated for by the Parliament. Chapter six A clause setting out the structure of the executive and government. The Monarch is a king when a male and a queen when a female. The monarch has these powers: *The summoning, proroguing and dissolution of parliament and the calling of elections; *Appoint and dismiss ministers of the crown at their pleasure *Granting Royal Assent to bills *Legislating by letters patent *Legislating by Orders-in-Council *The grant of Charters of Incorporation, including Royal Charters to create universities *The publication of all statutes, legislative instruments and royal orders *the powers of the Attorney General in relation to criminal proceedings, including the power to enter a nolle prosequi *Appointing Kings Counsel *Pardoning of convicted offenders *Remitting or reducing sentences *The creation of new common law courts *Accreditation and reception of diplomats *Declaration of war *The appointing of arms *Making of peace *The negotiation of treaties *Recognition of foreign states *Right to take additional territory *The Monarch is commander in chief of the armed forces of the Crown *Issue and revocation of passports *Control of all border and customs laws and regulations *Decisions about control, organization and deployment of the Armed Forces *The appointment and dismissal of ministers *The appointment of Royal Commissions and Officers for any purposes *The creation of peers *The award of dignities and honors *Declaration of an emergency *Requisitioning of ships *Powers in the event of a grave national emergency, including the power to enter upon, take and destroy private property *The expulsion of a foreign national *The exercise of jurisdiction over numerous Royal foundations of all kinds *The granting of Sovereign Immunity *Commander in chief of all Police Constables *The right to suspend the parliamentary provision in this constitution for thirty days and rule by decree on the advice of the first minister. *Any other common law right and any rights legislated for. *The Monarch has the right until the first elections to rule by decree with the advice of the first minister this includes amending the constitution. *Any other right mentioned in this constitution. *The Monarch has the right to declare martial law for a period of 2 years with the advice of the first minister; martial law consist of the monarch ruling by decree with the advice of the first minister. *The monarch appoints all peers to the house of peers *The right to declare a state of emergency Emergency powers during a state of emergency these power include: the suspension of the parliamentary provisions of this constitution, direct rule, the suspension of other parts of the constitution, rule by decree with the advice of a minister, the power to change any law including the constitution, these powers last for up to 4 years The Monarch has the right to chair the executive council of Zealandia, which discusses bills await the monarchs royal assent. The executive council comprises the following people: The Monarch, The First Minister, The Deputy First Minister, The Chancellor of the Exchquer, the Home minister and any other minister appointed by the monarch on the recommendation of the first minister. The structure of the government is in hierarchical order from highest to lowest below: The Monarch The Executive Council The First Minister The Chancellor of the Exchquer The Deputy First Minister The Home Minister The Cabinet ministers (Appointed By the Monarch) The Outer ministry (Appointed by the Monarch) The Peerage when appointed to parliament (appointed by monarch) The Non Ministry Department’s Secretaries Chapter Seven A clause setting out the provisions to change this constitution. This constitution can only be changed by the following means: A Supermajority vote in the house of commons, a simple majority in the house of peers, Royal assent, then a referendum put to all citizens eligible to vote which reaches a sixty percent majority of all voters whom voted. If the bill fails at any on of those stages the bill is lost and the constitution remains unchanged. During any such time as martial law or a state of emergency the monarch may change the constitution as needed the constitution shall revert to its normal form after the emergency. Or when it is legislated that it can. Chapter eight Appendices All citizens of the kingdom of Zealandia who are age 16 or over must join the defence forces unless they have a reasonable excuse. I AB do solemnly swear allegiance to this constitution and to the Kingdom of Zealandia and its monarch so help me god. I AB affirm my allegiance to this constitution and to the Kingdom of Zealandia and it's Monarch. Category:Constitutions Category:Laws